ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

All Blog Entries

  1. DOL's Immigration Dereliction - The Continuing Perils of Hilda and Her PERM

    by , 12-11-2010 at 05:16 PM (Angelo Paparelli on Dysfunctional Government)
    When we last left our heroine, Hilda Solis, the Secretary of Labor, she faced uncomfortable and still-unanswered questions about why her agency shrinks from performing its statutory duty to determine labor shortages while playing mountebank to American and foreign workers and U.S. employers.  The source of the bureaucratic trickery, we learned, is the "labor certification" process, a specious test of the labor market now known as PERM. 
    As with any good ruse, PERM began with a promise of performance, an assurance that the new system, in most cases, would be faster than its predecessor.  A new online system with unexplained, behind-the-scenes technical prowess -- the Department of Labor (DOL) assured us -- would process cases quickly and in a more "user-friendly" way:  "[An] electronically filed application not selected for audit will have a computer-generated decision within 45 to 60 days of the date the application was initially filed [69 Fed. Reg. at p.77328, 77358 (December 27, 2004)]." 
    As the Congressional Research Service (CRS) reported, PERM replaced a two-track system (the fast track known as "Reduction in Recruitment," or RIR, and the slo-mo track dubbed "Standard Processing").  RIR, when it sizzled, produced labor certifications in under a month, sometimes in just a week.  Standard Processing took anywhere from two to five years and in some cases, as CRS noted, six years or more.  PERM introduced a three-track system:  (1) a computer-generated decision available in 45 to 60 days, (2) an "Audit" process, and (3) "Supervised Recruitment." 
    While the DOL's latest self-appraisal for FY 2009 grades the "data quality" of the foreign labor certification program as "Very Good," the DOL missed its goal of a six-month process (from the filing of the application to agency decision) by a wide margin: "Only 19 percent of permanent labor certification program applications were processed within six months." 
    Although computer-generated PERM decisions are supposedly issued within the 45-60 day window, the DOL on the "PERM Processing Times" tab of its iCert Portal says wait "three months" before making an inquiry on a delayed case (thereby generating skepticism about the reliability of the published statistics).  Moreover,a processing backlog has developed (of unreported dimension), for which DOL is targeting a "goal for FY 2010 . . . to reduce the backlog by 50%."  Meantime, DOL cases designated for "Audit" take two years and appeals are completed in two-and-a-half years.  Unlucky applications that must undergo Supervised Recruitment take an unknown, but longer period, which the DOL apparently lacks the courage to disclose on its PERM Processing Times tab.
    Worse yet, the DOL's PERM rules are as real or fictional as Potemkin's Village: 
    This DOL-devised recruitment effort is unlike any in the real world of business. The employer must use print ads despite the overwhelming predominance today of internet-based recruiting. The required "prevailing wage" is often inflated because it must be divined in a square-peg/round-hole process from an online DOL database listing fewer than 2,000 occupations, dumbed-down for bureaucratic convenience from the previous Dictionary of Occupational Titles, a compendium of over 40,000 job descriptions. The employer must consider as qualified for the advertised position any job applicants (though lacking the minimum requirements) whom the employer could train in a "reasonable" time. Also up for mandatory consideration are applicants who are clearly over-qualified for the job even though experience has taught that many over-qualified new hires grow bored quickly and soon resign. These are but a few of the deviations from real-world recruiting concocted by the DOL.  [Source: "U.S. Labor Department to Immigration Lawyers: You're All Just Potted Plants," by Angelo A. Paparelli and Ted J. Chiappari. Footnotes omitted.] [For additional blog postings on PERM's failings, see here, here, here, here, here and there.]
    Potemkin Village is an insufficient descriptor for the PERM process.  The "village" allusion seems too low to the ground.  Tower of Babble better describes the hollow edifice that the DOL has erected to camouflage the agency's shirking of its statutory duty to declare labor shortages.  Page upon page of dense regulations were not enough to answer all the questions that PERM has raised. At last count, the DOL has supplemented its regulations with:

    10 sets of equally dense FAQs,
    A 33-chapter pre-PERM Benchbook issued as a second edition in 1992 by the Board of Alien Labor Certification Appeals (BALCA), with occasional supplements (that still contains post-PERM legal concepts that must be mastered),
    Scores of BALCA en banc and federal court decisions spanning the period from 1988 to 2006, and
    Recent decisions, described by my colleagues Cyrus Mehta and William Stock, adding more mud to an already opaque process, identify how humanly imperfect DOL's "letter-perfect" PERM system has proven to be, and require time-consuming case remands from BALCA to the DOL Certifying Officer (or start-from-scratch employer do-overs) that will only enlarge and prolong the backlog. 

    There should be little surprise that the DOL's concoction of the labor certification process has resulted in what armchair psychologists might describe as passive-aggressive behavior.  The DOL's professed mission says nothing about the important national interest in fostering the economic benefits of immigration: 
    [DOL] fosters and promotes the welfare of the job seekers, wage earners, and retirees of the United States by improving their working conditions, advancing their opportunities for profitable employment, protecting their retirement and health care benefits, helping employers find workers, strengthening free collective bargaining, and tracking changes in employment, prices, and other national economic measurements. [Bolding added.]
    Hilda and her predecessor (Elaine Chao) have been wearing the same PERM since 2004, and it's become even less attractive with the passage of time.  Please, Hilda, get a new 'do. Start reporting on the "changes in employment" your agency has been "tracking."  Scrap that hideous PERM and start announcing labor-shortage occupations, as immigration law requires. 
  2. Dec 10 - Seven Articles

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------

    December 10, 2010

    http://www.ilw.com/immigrationdaily/digest/2010,1210.shtm

    ITEMS

    1. Comment: Seven Articles - Today, Immigration Daily carries

    articles by Jason Dzubow, Cesar Cuauhtemoc Garcia Hernandez,

    Peter Reed Hill, Matthew Kolken, Chris Musillo, Carl Shusterman

    and Greg Siskind.

    2. Article: Crime Provisions Of House's DREAM Act by Cesar

    Cuauhtemoc Garcia Hernandez

    http://www.ilw.com/articles/2010,1210-Hernandez.shtm

    3. Article: Racial Profiling By 287(g) State Police Officers

    Leads To Temporary Relief From An Absolutely Unassailable

    Deportation Order by Peter Reed Hill

    http://www.ilw.com/articles/2010,1210-hill.shtm

    4. Article: Hutchison Voting No On DREAM Act Based On False

    Understanding Of The Bill by Greg Siskind

    http://www.ilw.com/articles/2010,1210-siskind.shtm

    5. Article: POEA: Job Scammers Target Medical Workers by Chris

    Musillo

    http://www.ilw.com/articles/2010,1210-musillo.shtm

    6. Article: January 2011 Visa Bulletin: The Great Retrogression

    by Carl Shusterman

    http://www.ilw.com/articles/2010,1210-shusterman.shtm

    7. Article: Refugee Admissions Numbers for FY 2011 by Matthew

    Kolken

    http://www.ilw.com/articles/2010,1210-kolken.shtm

    8. Article: Czech Republic Subjects Asylum Seekers to a "Gay"

    Test by Jason Dzubow

    http://www.ilw.com/articles/2010,1210-dzubow.shtm

    9. News: USCIS Issues Fact Sheet On Initiative To Combat

    Unauthorized Practice Of Immigration Law

    http://www.ilw.com/immigrationdaily/news/2010,1210-upil.shtm

    10. News: USCIS Publishes Executive Summary of Form I-9

    Stakeholder Engagement

    http://www.ilw.com/immigrationdaily/news/2010,1210-i9.pdf

    11. News: CRS Report On Unauthorized Employment Of Aliens: Basics

    Of Employer Sanctions

    http://www.ilw.com/immigrationdaily/news/2010,1210-crs.pdf

    12. Focus: Website Audit - Your website is your shingle on the

    internet. It pays to make sure that you are doing things right on

    your website. ILW.COM's Website Audit report is a quick way of

    checking your website against best practices, and ensure that it

    is setup to get you business. We will evaluate your website on

    five criteria: Page Flow, Interactivity, Traffic, Source Code &

    Newsletter. The website audit report is only $99!

    Signup for Your Website Audit Now!

    http://www.ilw.com/corporate/servicesforlawfirms.shtm

    13. Headline: Bennett: GOP might pass own version of DREAM Act

    next year http://ow.ly/3nmlt

    14. Headline: Somos Republicans seeks to shape Colorado

    immigration debate http://ow.ly/3nljl

    15. Headline: Supreme Court Weighs Case That's Likely Precursor

    to SB1070 http://ow.ly/3nldR

    16. Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis

    and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your

    copy http://ow.ly/3icF6

    17. Headline: Wavering Maine republican senators on the DREAM

    act. Will they stand up for undocumented youth?

    http://ow.ly/3ngQz

    18. Headline: GOP blocks number of bills for New Yorkers,

    including DREAM Act with filibuster http://ow.ly/3n829

    19. Headline: Tennessee Considers Arizona-style Immigration Law

    http://ow.ly/3n7Qd

    20. Headline: Want to be seen? Get on our homepage. Improve

    search engine ranking, increased name recognition and referrals.

    Sign up at http://ow.ly/3idDB

    21. Headline: Employer's Immigration Compliance Desk Reference: A

    great resource for HR managers, immigration counsel and employers

    http://ow.ly/3ie9g

    22. Headline: Recommended: DREAM Act vote moved to next week

    http://ow.ly/3mD2i

    To submit an Article or a news item to Immigration Daily, write

    to mailto:editor@ilw.com. Follow ILW.COM on Twitter:

    http://www.twitter.com/ilwcom

    _________________________________________________________________

    CLASSIFIEDS

    1. Help Wanted: Immigration Paralegal

    Washington, DC - Maggio + Kattar,

    http://www.maggio-kattar.com

    a nationally recognized, DC-based immigration law firm seeks an

    experienced business immigration paralegal. PERM and NIV

    experience required. Challenging work dealing with international

    clientele with career advancement possibilities. Excellent work

    environment, competitive salary and benefits. Please email

    resume + references to: mailto:jobs@maggio-kattar.com or fax

    (202) 483-6801, Attn: Amal Talhame. No calls.

    2. Help Wanted: Immigration Attorneys

    Houston, TX - FosterQuan, LLP,

    http://www.fosterquan.com

    one of the nation's largest immigration law firms, seeks

    experienced Immigration Attorneys for its US and Outbound

    Immigration practice in our Austin, San Antonio and Houston

    offices. The Firm continues to expand with seven offices and

    thriving US, Outbound Immigration and Employer Sanctions

    practices. FosterQuan, LLP obtains appropriate short and long

    term work visas for US and third-country expatriates around the

    world. Qualified candidates must have 1-5 years of employment-

    based immigration experience and possess strong writing and

    communication skills and proficiency in Microsoft Office,

    including Outlook, Word, and Excel. Foreign language fluency and

    study abroad is preferred. Individuals must be detail oriented,

    able to multi-task, and have strong analytical and organizational

    skills. Please send resume and cover letter to

    mailto:careers@fosterquan.com. Training is provided.

    Compensation is commensurate with experience.

    3. Help Wanted: Immigration Paralegal

    New York, NY - Long-established, mid-sized, immigration practice

    http://www.ppid.com

    has an immediate opening for an experienced family-based

    immigration paralegal. Location is downtown Manhattan, close to

    all public transportation. Firm is well-known for providing

    excellent customer service. Fluency in Spanish a must for this

    position. Send resumes with salary requirement to:

    mailto:gmhewitt@ppid.com.

    4. Case Management Technology

    Use technology to leverage your immigration practice with

    INSZoom's powerful immigration case management products, which

    include 800+ forms updated within 24 hours of release with no

    patches or required downloads. This online tool - accessible from

    anywhere and anytime - provides e-filing of 20+ essential forms

    and gives you access to client relationship management and

    practice management tools, group calendaring, emails, notes,

    reports, billing and invoicing modules, automatic email alerts

    and reminders, document storage and assembly, and many other

    immigration management tools. The online library of customizable

    questionnaires, letters & email templates, ability for clients to

    check case status online. Compliancy modules: I9, LCA, AR 11,

    PERM, optional services: credit card processing, Outlook &

    QuickBooks integration. An ISO 27001:2005 and 9001:2008 certified

    company, INSZoom has been providing leading edge technology

    solutions for all sizes, from solo practitioners to large

    immigration law firms worldwide, corporations, universities and

    non-profit organizations since 1999. The world's largest

    immigration software company, INSZoom delivers robust and

    flexible solutions customized to your practice's needs. Schedule

    a complimentary online demonstration by calling (925) 244-0600 or

    emailing mailto:info@INSZoom.com. Learn more about why INSZoom

    has a 99% customer retention rate at

    http://www.INSZoom.com

    To place a classifieds ad in Immigration Daily, see here

    http://www.ilw.com/corporate/advertise_on_ilw.shtm

    _________________________________________________________________

    ReadersWrite

    1. ReadersWrite: Yesterday's Discussion

    http://blogs.ilw.com/immigrationdaily/2010/12/09_dream_is_closer.html#comments

    2. ReadersWrite: Today's Discussion

    http://blogs.ilw.com/immigrationdaily/2010/12/10_seven_articles.html#comments

    To submit an Article for consideration, write to

    mailto:editor@ilw.com

    _________________________________________________________________

    ComingsNGoings

    ComingsNGoings: Immigration Reading The Latino Migration

    Experience in North Carolina: New Roots in the Old North State,

    By Hannah E. Gill, The University of North Carolina Press, 240

    pp. Paperback, ISBN: 080787163X, $18.95

    http://www.amazon.com/exec/obidos/ASIN/080787163X/

    Readers can share professional announcements (up to 100-words at

    no charge), email: mailto:editor@ilw.com.

    _________________________________________________________________

    The first daily in the field of immigration. Forward this to a

    colleague!

    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

    An Important disclaimer! The information provided on this page is

    not legal advice. Transmission of this information is not

    intended to create, and receipt by you does not constitute, an

    attorney-client relationship. Readers must not act upon any

    information without first seeking advice from a qualified

    attorney. Copyright 1999-2010 American Immigration LLC, ILW.COM.

    Send correspondence and articles to editor@ilw.com. Letters and

    articles may be edited and may be published and otherwise used in

    any medium. The views expressed in letters and articles do not

    necessarily represent the views of ILW.COM.

    _________________________________________________________________

    ILW.COM - the leading immigration law publisher

    ILW.COM, PO Box 1830, New York, NY 10156

    Over 50,000 pages of free information!

    http://www.ilw.com/

    Immigration Daily - http://www.ilw.com/immigrationdaily/

    Archives - http://www.ilw.com/immigrationdaily/archives.shtm

    Classifieds -

    http://www.ilw.com/corporate/advertise_on_ilw.shtm

    RSS feed - http://www.ilw.com/rss.asp

    Processing times - http://www.ilw.com/govttimes/index.asp

    Immigration forms - http://www.ilw.com/forms/

    Discussion board - http://www.ilw.com/discussion/

    Find a lawyer - http://www.ilw.com/findlawyer/

    Seminars - http://www.ilw.com/seminars/

    Immigration Books - http://www.ilw.com/store/

    Advertise -

    http://www.ilw.com/corporate/advertise.shtm

    Resources - http://www.ilw.com/resources/

    Blogs - http://blogs.ilw.com/

    About ILW.COM - http://www.ilw.com/corporate/about_us.shtm

    Link to us - http://www.ilw.com/corporate/linktous.shtm

    Search - http://www.ilw.com/search/advanced.asp

    _________________________________________________________________
  3. January 2011 Visa Bulletin

    by , 12-10-2010 at 06:00 AM (Chris Musillo on Nurse and Allied Health Immigration)

    by Chris Musillo


    The Department of State has just released the January 2011 Visa Bulletin, which is the fourth Visa Bulletin for US Fiscal Year 2011. This Visa Bulletin had small progress in several classifications.






    January 2011 Visa Bulletin


     
    All Other Countries
    China
    India
    Mexico


    EB-2
    Current
    22JUN06
    08MAY06
    Current


    EB-3
    22MAR05
    15DEC03
    01FEB02
    15APR03



    Read the full Healthcare and Immigration Law Blog at www.musillo.com or www.ilw.com.
  4. Refugee Admissions Numbers for FY 2011

    by , 12-10-2010 at 05:53 AM (Matthew Kolken on Deportation And Removal)
    President Obama has provided for up to 80,000 refugees to be admitted to the United States during Fiscal Year (FY) 2011. This includes persons admitted to the United States during FY 2011 with Federal refugee resettlement assistance under the Amerasian immigrant admissions program.
    Regional allocations are as follows:
    Africa: 15,000
    East Asia: 19,000
    Europe and Central Asia: 2,000
    Latin America/Caribbean: 5,500
    Near East/South Asia: 35,500
    Unallocated Reserve: 3,000
    The 3,000 unallocated refugee numbers will be allocated to regional ceilings as needed.
    The President has also specified that in FY 2011 the following persons may, if otherwise qualified, be considered refugees for the purpose of admission to the United States within their countries of nationality or habitual residence:
    a. Persons in Cuba
    b. Persons in the former Soviet Union
    c. Persons in Iraq
    d. In exceptional circumstances, persons identified by a United States
    Embassy in any location.
    Click here to read the Memorandum that was published in the Federal Register.
  5. HUTCHISON VOTING NO ON DREAM ACT BASED ON FALSE UNDERSTANDING OF THE BILL

    by , 12-10-2010 at 05:29 AM (Greg Siskind on Immigration Law and Policy)
    This is a crying shame. My friend Paul Parsons, an excellent immigration lawyer in Austin, shared this exchange with me last night:

    From: Senator Kay Bailey Hutchison [mailto:senator@hutchison.senate.gov]
    Sent: Thursday, December 09, 2010 5:50 PM
    To: Paul Parsons
    Subject: Constituent Response From Senator Kay Bailey Hutchison
    Dear Friend:    
    Thank you for contacting me regarding S. 3992, the Development, Relief, and Education for Alien Minors (DREAM) Act.  I welcome your thoughts and comments.
     
         On November 30, 2010, Senator Richard Durbin (D-IL) introduced this bill, which would allow for a 10-year conditional non-immigrant visa that would lead to eventual citizenship. Once they become U.S. citizens, these individuals would by law be able to petition for family members to also gain citizenship.  This would therefore expand citizenship beyond the intended students.  Because of this, I am unable to support the current version of the DREAM Act.
     
         I appreciate hearing from you, and I hope that you will not hesitate to contact me on any issue that is important to you.
     
    Sincerely,
    Kay Bailey Hutchison

    As I noted yesterday, parents are looking at 25+ years before they could enter on green cards and if this is chain migration, it's a pretty brittle chain.
    Here is Paul's response to Senator Hutchison:

    Senator Hutchison -
     
    I am so disappointed that you intend to vote against the current (already watered down) version of the DREAM Act.   You indicate that they could later petition for some of their relatives to immigrate.    Please read why your objection is misguided.
     
    These kids were brought here by their parents, and most of them do not even remember life in another country. They have been our neighbors, coworkers, friends, and classmates in our communities for ten, twenty, and in some cases thirty years.
     
    The DREAM Act would allow them to proudly serve in our country's armed services (which really needs them) or to attend college for at least two years (which would also benefit our country).  They would only be granted a ten YEAR conditional non-immigrant (i.e. temporary status).    After ten long years, they could then apply for
    permanent resident ("green card") status.   Only then could they wait three additional years before beginning the naturalization process (which is by no means automatic).
     
    What happens if they earn naturalization after waiting for over thirteen long years?   If they have a mother or father who unlawfully entered the U.S, that parent would then be required under our immigration laws to return to his/her home country and face a TEN YEAR BAR for having been unlawfully present in the U.S.
    There is no waiver available for an unlawful presence bar for a parent of a U.S. citizen.  That parent would need to wait outside the U.S. for a full ten full years before applying to lawfully return to the U.S.    I didn't make this up... these ten year bars were passed by our Congress in the Illegal Immigration Reform & Immigrant Responsibility Act of 1996.  The result is that if the DREAM Act student qualifies over thirteen years later for U.S. citizenship, his/her parent would then need to leave the U.S. for another ten years before qualifying to immigrate as the parent of a naturalized citizen.
     
    What if after over thirteen years a DREAM Act student becomes a U.S. citizen and files a petition for a brother or sister?    Right now if a naturalized U.S. citizen from Mexico had filed a petition for a sibling prior to December 22, 1995, (over 15 YEARS ago), a visa number would only be available today for that brother/sister to apply for a "green card."     If in the U.S. without permission, that applicant would then be required under our restrictive immigration laws to depart from the U.S. for ten more YEARS prior to seeking to any visa or "green card."    The waiting lists for siblings of U.S. citizens are incredibly backlogged, and do not advance one year each year.    Filing today, it would probably take more than thirty YEARS before a sibling's turn would be reached on the waiting list.  
     
    A U.S. citizen CANNOT petition at all for a grandparent, niece, nephew, uncle, aunt, or cousin under our immigration laws.     
     
    Please reconsider your position.   You have spoken with many of these courageous DREAM Act students, and you know in your heart that they should be given this opportunity to serve our country.   You know they would become wonderful U.S. citizens and they are already willing to defend our proud country at home and abroad.   
     
    I respectfully request that you do what's right and vote in favor of the DREAM Act.
     
    Paul Parsons


Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: